Ten Mile Creek Apartments No. 3 Water Main Easement No. 1 ESMT-2023-0057 (2023-019380) Project Name Subdivision;
ADA COUNTY RECORDER Trent Tripple 2023-019380
Ten Mile Creek Aartets o 3 .. BOISE IDAHO Pgs=5 CHE FOWLER 04/05/2023 08:09 AM
Water Main Easement Number: I CITY OF MERIDIAN, IDAHO NO FEE
Identify this Easement by sequential number if Project
contains more than one Water Main easement.
(See Instructions for additional information).
WATER MAIN EASEMENT
THIS Easement Agreement, made this 4th day of April 20 23 between SCS Brighton Altair LLC,
("Grantor"), and the City of Meridian, an Idaho Municipal Corporation("Grantee");
WHEREAS,the Grantor desires to provide a water main right-of-way across the premises and
property hereinafter particularly bounded and described; and
WHEREAS, the water main is to be provided for through underground pipelines to be
constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipelines from time to time by
the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantor,and other
good and valuable consideration, the Grantor does hereby give, grant and convey unto the
Grantee the right-of-way for an easement for the operation and maintenance of water mains
over and across the following described property:
(SEE ATTACHED EXHIBITS A and )
The easement hereby granted is for the purpose of construction and operation of water mains
and their allied facilities, together with their maintenance, repair and replacement at the
convenience of the Grantee,with the free right of access to such facilities at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's
successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that
after making repairs or performing other maintenance, Grantee shall restore the area of the
easement and adjacent property to that existent prior to undertaking such repairs and
maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring
anything placed within the area described in this easement that was placed there in violation
of this easement.
THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any
permanent structures, trees, brush, or perennial shrubs or flowers within the area described for
this easement, which would interfere with the use of said easement, for the purposes stated
herein.
THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of-
way and easement hereby granted shall become part of, or lie within the boundaries of any
Water Main Easement Version 01/01/2020
public street, then, to such extent, such right-of-way and easement hereby granted which lies
within such boundary thereof or which is a part thereof, shall cease and become null and void
and of no further effect and shall be completely relinquished.
THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and
possessed of the aforementioned and described tract of land, and that Grantor has a good and
lawful right to convey said easement, and that Grantor will warrant and forever defend the
title and quiet possession thereof against the lawful claims of all persons whomsoever.
THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors,
assigns,heirs,personal representatives,purchasers,or transferees of any kind.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
GRANTOR: SCS Brighton Altair LLC,an Idaho
limited liability company
By: Brighton Corporation,an Idaho corporation
By: Robert L.Phillips, President
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on March 30, 2023 (date) by Robert L. Phillips,
(name of individual), [complete the following if signing in a representative capacity, or strike
the following if signing in an individual capacity] on behalf of Brighton Corporation,
Manager of SCS Brighton Altair LLC, (name of entity on behalf of whom record was
executed), in the following representative capacity: President (type of authority
such as officer or trustee)
(stamp)
_
Notary Signature
My Commission Expires: - ogoa
SHARI VAUGHAN
Notary Public-State of Idaho
Commission Number 20181002
My Commission Expires Jun 1, 2024
Water Main Easement Version 01/01/2020
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 4-4-2023
Attest by Chris Johnson, City Clerk 4-4-2023
STATE OF IDAHO, )
. ss.
County of Ada )
This record was acknowledged before me on 4-4-2023 (date) by Robert E. Simison
and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City
Clerk, respectively.
(stamp)
Notary Signature
My Commission Expires: 3-28-2028
Water Main Easement Version 01/01/2020
km
E N G I N E E R I N G
March 30,2023
Project No.21-249
City of Meridian Water Easement
Legal Description
Exhibit A
A parcel of land for a City of Meridian Water Easement situated a portion of Lot 9,Block 3 of Proposed TM Center
Subdivision No.6,further situated in the Northeast 1/4 of the Northwest 1/4 of Section 14,Township 3 North,Range 1
West,Boise Meridian,City of Meridian,Ada County,Idaho and being more particularly described as follows:
Commencing at a found aluminum cap marking the North 1/4 corner of said Section 14,which bears S89°09'27"E a
distance of 2,657.99 feet from a found brass cap marking the Northwest corner of said Section 14,thence following the
northerly line ofsaid Northeast 1/4 of the Northwest 1/4,N89`09'27"W a distance of 542.80 feet;
Thence leaving said northerly line,S00"33'41"W a distance of 241.57 feet to a found 5/8-inch rebar marking the northeast
corner of said Lot 9;
Thence following the easterly boundary line of said Lot 9,S00°33'41"W a distance of 229.21 feet to the POINT OF
BEGINNING.
Thence following said easterly boundary line,S00°33'41"W a distance of 20.00 feet;
Thence leaving said easterly boundary line,N89°24'29"W a distance of 27.97 feet;
Thence N44°26'54"W a distance of 61.10 feet;
Thence N00°31'41"E a distance of49.22 feet to a point on an existing easement line as described per Instrument No.
2022-018611;
Thence following said existing easement line,S89°26'24"E a distance of 20.00 feet;
Thence leaving said existing easement line,S00°31'41"W a distance of 40.93 feet;
Thence 544°26'54"E a distance of 44.54 feet;
Thence S89"24'29"E a distance of 19.68 feet to the POINT OF BEGINNING.
Said parcel contains 2,435 square feet,more or less,and is subject to all existing easements and/or rights-of-way of record
or implied.
All subdivisions,deeds,records of surveys,and other instruments of record referenced herein are recorded documents of
the county in which these described lands are situated.
Attached hereto is Exhibit B and by this reference is made a part hereof.
12459 Q
OF
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5725 North Discovery Way • Boise,Idaho 83713 • 208.639.6939 • kmengllp.com
W. Franklin Road
10 11 BASIS OF BEARING 11
S89'09'27"E 2657,99'
15 14 2115.19' — — 542.80' 14
NORTHWEST CORNER
p � SECTION 14 POINT OF COMMENCEMENT
NORTH 1/4 CORNER
1 SECTION 14
N
F— Ala
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N n
N
0 0 60 120 180
Plan Scale: 1"=60'
LEGEND
r — �
SCS Brigthon Altair, LLC I I BRASS CAP
S1214212650 I I ® ALUMINUM CAP
(Proposed Lot 9, Block 3 I I 5/8" R2EBAR,� MARKED
TM Creek Subdivision No. 6) I I , "ALB
N d A CALCULATED POINT
1 N M — — — SECTION LINE
o —— ——— —— I N o BOUNDARY LINE
j EXISTING EASEMENT v1 —
N (INST. No. 2022-018611) 1 SURVEY TIE LINE
— � ———————— EASEMENT LINE
m
——— —— —— EXISTINGED EASEMENT LINE,
AS s
m LINE TABLE
POINT OF LB BEGINNING
LINE BEARING DISTANCE
r
L1 S00'33'41"W 20.00
J. L2 N89'24'29"W 27.97
z 0N44 26'54"W 61.10
W
L4 N00'31-41"E 49.22
g L5 S89'26'24"E 20.00
Z
a
L6 S00'31'41"W 40.93 !
0
L7 S44'26'54"E 44.54
LB S89'24'29"E 19.68
a
ry
E N G I N E E R I N G
m 5725 NORTH DISCOVERY WAY
OI SE)DA 3 Exhibit B 1 PHONE(208)639.69639.6939
kmengllp.com
City of Meridian Water Easement
i D KE; MARCH,2023
a P IDJECT: 21-249
", SHEET: A portion of Lot 9,Block 3 of proposed TM Center Subdivision No.6,situated in the
1�4- 1 OF 1 NE 1/4 of the NW 1/4 of Sec.14,T.3N.,R.1W.,B.M.,City of Meridian,Ada County, ID
a